Nghị định 49/2018/NĐ-CP quy định về kiểm định chất lượng giáo dục nghề nghiệp

NGHỊ ĐỊNH

QUY ĐỊNH VỀ KIỂM ĐỊNH CHẤT LƯỢNG GIÁO DỤC NGHỀ NGHIỆP

Căn cứ Luật tổ chức Chính phủ ngày 19 tháng 6 năm 2015;

Căn cứ Luật đầu tư ngày 26 tháng 11 năm 2014 và Luật sửa đổi, bổ sung Điều 6 và Phụ lục 4 về Danh mục ngành, nghề đầu tư kinh doanh có điều kiện của Luật đầu tư ngày 22 tháng 11 năm 2016;

Căn cứ Luật doanh nghiệp ngày 26 tháng 11 năm 2014;

Căn cứ Luật giáo dục nghề nghiệp ngày 27 tháng 11 năm 2014;

Căn cứ Luật ban hành văn bản quy phạm pháp luật ngày 22 tháng 6 năm 2015;

Theo đề nghị của Bộ trưởng Bộ Lao động - Thương binh và Xã hội;

Chính phủ ban hành Nghị định quy định về kiểm định chất lượng giáo dục nghề nghiệp.

DECREE

VOCATIONAL EDUCATION AND TRAINING ACCREDITATION

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Investment dated November 26, 2014 and the Law on amendments to Article 6 and Appendix 4 on the list of conditional business lines of the Law on Investment dated November 22, 2016;

Pursuant to the Law on Enterprises dated November 26, 2014;

Pursuant to the Law on Enterprises dated November 26, 2014;

Pursuant to the Law on Promulgation of Legislative Documents dated June 22, 2015;

At the request of the Minister of Labor, War Invalids and Social Affairs;

The Government hereby adopts a Decree on vocational education and training accreditation.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree provides for vocational education and training accreditation, including:

a) Conditions and procedures for issuance, reissuance and revocation of the certificate of eligibility for vocational education and training accreditation (hereinafter referred to as “the certificate of eligibility for accreditation”); suspension of vocational education and training accreditation; functions, tasks, responsibilities and entitlements of vocational education and training accreditation organizations (hereinafter referred to as “accreditation organizations”);

b) Standards applied to, tasks and entitlements of vocational education and training accreditors (hereinafter referred to as “accreditors”); issuance, reissuance and revocation of the vocational education and training accreditor card (hereinafter referred to as the “accreditor card”);

c) Issuance and revocation of the certificate of institutional accreditation.

2. This Decree does not apply to:

a) issuance and revocation of the certificate of institutional accreditation granted to pedagogy professional secondary schools, pedagogy colleges, branches of pedagogy professional secondary schools and branches of pedagogy colleges;

b) issuance and revocation of the certificate of conformity with training program accreditation standards granted to the teacher training program under management of the Ministry of Education and Training.

Article 2. Regulated entities

1. Vocational education and training institutions.

2. Higher education institutions and enterprises with registered vocational education and training activities (hereinafter referred to as “vocational education and training service providers”).

3. Accreditation organizations.

4. Organizations and individuals related to the activities specified in Article 1 of this Decree.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “vocational education and training accreditation” means the activity in which the evaluation and certification of the fulfillment of vocational education and training accreditation standards by vocational education and training institutions or vocational education and training programs for all levels are presented in accordance with the Ministry of Labor, War Invalids and Social Affairs.

2. “education accreditor” means the person who is qualified as prescribed in Article 13 and issued with an accreditor card as prescribed in Article 18 of this Decree.

3. “peer assessment” means a process where an accreditation organization carries out survey and assessment to determine the fulfillment of vocational education and training accreditation standards by vocational education and training institutions or vocational education and training programs for all levels in accordance with regulations of the Ministry of Labor, War Invalids and Social Affairs.

Chapter II

CONDITIONS AND PROCEDURES FOR ISSUANCE, REISSUANCE AND REVOCATION OF THE CERTIFICATE OF ELIGIBILITY FOR ACCREDITATION; SUSPENSION OF VOCATIONAL EDUCATION AND TRAINING ACCREDITATION; FUNCTIONS, TASKS, RESPONSIBILITIES AND ENTITLEMENTS OF ACCREDITATION ORGANIZATIONS

Section 1. CONDITIONS FOR ISSUANCE OF THE CERTIFICATE OF ELIGIBILITY FOR ACCREDITATION

Article 4. Conditions for issuance of the certificate of eligibility for accreditation to a domestic organization that is a service provider/enterprise

1. The domestic organization shall be established and operate in accordance with Vietnam’s law.

2. The domestic organization shall have a stable office for at least 2 years; have sufficient working office of 8 m² per person for accreditors; have sufficient equipment for vocational education and training accreditation.

3. The person who is directly in charge of vocational education and training accreditation shall satisfy requirements specified in Article 6 of this Decree.

4. The domestic organization shall have at least 10 accreditors working full-time under an employment contract or at least 12 month employment contract for the accreditation organization;

5. The domestic organization shall have the website of the education accreditation organization, including contents and database in service of vocational education and training accreditation.

Article 5. Conditions for issuance of the certificate of eligibility for accreditation to a foreign organization

1. The foreign organization shall satisfy the conditions specified in Article 4 of this Decree.

2. The foreign organization has engaged in education, vocational education, education accreditation or vocational education and training accreditation for at least 5 consecutive years by the time of applying for the certificate of eligibility for accreditation.

Article 6. Conditions applied to person who is directly in charge of vocational education and training accreditation of accreditation organization

A person who is directly in charge of vocational education and training accreditation must:

1. be the head or deputy head of the accreditation organization that is a service provider; general director or deputy general director; director or deputy director of the accreditation organization that is an enterprise.

2. have full legal capacity; have no criminal convictions, have a judicial record in accordance with regulations applied to Vietnamese citizens, have documents proving that he/she is not an offender or facing criminal charges in accordance with the foreign country’s law applied to foreign citizens.

3. possess an unexpired accreditor card.

Section 2. PROCEDURES FOR ISSUANCE, REISSUANCE AND REVOCATION OF THE CERTIFICATE OF ELIGIBILITY FOR ACCREDITATION; SUSPENSION OF VOCATIONAL EDUCATION AND TRAINING ACCREDITATION

Article 7. Power to issue, reissue and revoke the certificate of eligibility for accreditation; suspension of vocational education and training accreditation

The Minister of Labor, War Invalids and Social Affairs shall issue, reissue and revoke the certificate of eligibility for accreditation and suspend vocational education and training accreditation.

Article 8. Procedures for issuance and reissuance of the certificate of eligibility for accreditation

1. The domestic organization shall submit 01 set of application for issuance of the certificate of eligibility for accreditation, including:

a) An application form (Form No. 01 in the Appendix hereof);

b) A copy of the establishment decision, regarding the service provider or a copy of the enterprise registration certificate, regarding the enterprise;

c) Profile of the person who is directly in charge of vocational education and training accreditation of the accreditation organization: A decision on appointment of the person who is directly in charge of vocational education and training accreditation and documents specified in Clauses 2 and 3 Article 6 of this Decree;

d) Profile of the accreditor of the accreditation organization: A copy of the accreditor card; a copy of the employment contract between the accreditation organization and the accreditor;

dd) A copy of the certificate of land use right and house ownership if the house is owned by the service provider according to the establishment decision or by the person named in the enterprise registration certificate or copies of house or land lease contracts if the accreditation organization rents an office;

e) A declaration of the area of working office and equipment for vocational education and training accreditation;

g) Address of the accreditation organization’s website.

2. The foreign organization shall submit 01 set of application for issuance of the certificate of eligibility for accreditation, including:

a) Documents specified in Clause 1 of this Article;

b) A copy of the investment registration certificate;

c) Documents proving that the foreign organization has engaged in education, vocational education, education accreditation or vocational education and training accreditation for at least 5 consecutive years by the time of applying for the certificate of eligibility for accreditation, including:

- A summary of the formation and development of the accreditation organization in terms of education, vocational education, vocational education and training accreditation, specifying achievements and links to relevant websites;

- The license for involvement in education, vocational education and vocational education and training accreditation granted by the home country or grant/recognized by a legal international association.

Foreign documents shall be consularly legalized by the Ministry of Foreign Affairs of Vietnam or a diplomatic mission/consular mission or an authority authorized to perform consular functions of Vietnam in a foreign country, except for exemption from consular legalization in accordance with the laws on consular legalization.

3. Applications for reissuance of the certificate of eligibility for accreditation:

a) In case of adjustment to the certificate of eligibility for accreditation, the application includes:

- An application form (Form No. 02 in the Appendix hereof);

- An issued certificate of eligibility for accreditation;

- Documentary evidences for eligibility for accreditation with regard to the adjusted contents.

b) In case the certificate of eligibility for accreditation is lost or damaged, an application form (Form No. 02 in the Appendix hereof) is required.

4. Procedures for issuance and reissuance of the certificate of eligibility for accreditation

a) The applicant for issuance or reissuance of the certificate of eligibility for accreditation shall submit 01 set of application for issuance or reissuance of the certificate of eligibility for accreditation, directly or by post, to the Directorate of Vocational Education and Training;

b) Within 20 working days from the date on which the satisfactory application is received, the Directorate of Vocational Education and Training shall, according to Clauses 1, 2 and 3 of this Article, appraise and submit it to the Ministry of Labor, War Invalids and Social Affairs for decision on issuance or reissuance of the certificate of eligibility for accreditation. In case the application is unsatisfactory, within 05 working days from the date on which the application is received, the Directorate of Vocational Education and Training shall provide written explanation for the applicant;

c) Within 10 working days from the date the application of the Directorate of Vocational Education and Training, the Minister of Labor, War Invalids and Social Affairs shall issue or reissue the certificate of eligibility for accreditation (Form No. 03 in the Appendix hereof). In case of rejection, the Directorate of Vocational Education and Training shall provide written explanation for the applicant;

d) Within 05 working days from the date of issuance or reissuance of the certificate of eligibility for accreditation, the Directorate of Vocational Education and Training shall send the copy of the certificate of eligibility for accreditation to the Department of Labor, War Invalids and Social Affairs of the area where the accreditation organization’s headquarters is located. The list of accreditation organizations issued or reissued with the certificate of eligibility for accreditation shall be published on the website of the Ministry of Labor, War Invalids and Social Affairs and the Directorate of Vocational Education and Training.

Article 9. Suspension of vocational education and training accreditation

1. An accreditation organization shall have its operation suspended in one of the following cases:

a) It fails to maintain fulfillment of one of the conditions specified in Articles 4 and 5 of this Decree during its operation;

b) It conducts vocational education and training accreditation subjectively and dishonestly and accepts false result.

2. Suspension duration:

a) In case the accreditation organization has its operation suspended in the case specified in Point a Clause 1 of this Article, the minimum suspension duration is 01 month until the causes for suspension are rectified, the maximum duration is 03 months;

b) In case the accreditation organization has its operation suspended in the case specified in Point b Clause 1 of this Article, the minimum suspension duration is 03 months.

3. Procedures for suspension of vocational education and training accreditation:

a) Within 10 working days from the receipt of the conclusion given by the competent authority prescribed in Article 26 of this Decree on violations specified in Clause 1 of this Article, the Directorate of Vocational Education and Training shall request the Ministry of Labor, War Invalids and Social Affairs to decide to suspend vocational education and training accreditation;

b) The decision on suspension of vocational education and training accreditation shall specify suspension reason and duration;

c) Within 05 working days from the date of issuance of the suspension decision, the Directorate of Vocational Education and Training shall send the copy of the suspension decision to the Department of Labor, War Invalids and Social Affairs of the area where the accreditation organization’s headquarters is located. The suspension decision shall be published on the website of the Ministry of Labor, War Invalids and Social Affairs and the Directorate of Vocational Education and Training.

4. Procedures for permitting the accreditation organization to continue its operation suspended in case the causes for suspension specified in Point a Clause 1 of this Article are rectified within the maximum duration set forth in Point a Clause 2 of this Article:

a) An application for permission to continue vocational education and training accreditation includes:

- An application form (Form No. 04 in the Appendix hereof);

- Documents proving that the accreditation organization has rectified the causes for suspension of vocational education and training accreditation.

b) Procedures:

- The accreditation organization shall submit 01 set of application for permission to continue vocational education and training accreditation, directly or by post, to the Directorate of Vocational Education and Training;

- Within 20 working days from the date on which the satisfactory application is received, the Directorate of Vocational Education and Training shall consider and submit it to the Ministry of Labor, War Invalids and Social Affairs for decision on permission to continue vocational education and training accreditation. In case the application is unsatisfactory, within 05 working days from the date on which the application is received, the Directorate of Vocational Education and Training shall provide written explanation for the applicant;

- Within 10 working days from the date on which the application of the Directorate of Vocational Education and Training is received, the Minister of Labor, War Invalids and Social Affairs shall permit the accreditation organization to continue its operation. In case of rejection, the Directorate of Vocational Education and Training shall provide written explanation for the applicant.

c) Within 05 working days from the date of issuance of the decision on permission to continue vocational education and training accreditation, the Directorate of Vocational Education and Training shall send the copy of such decision to the Department of Labor, War Invalids and Social Affairs of the area where the accreditation organization’s headquarters is located. The decision on permission to continue vocational education and training accreditation shall be published on the website of the Ministry of Labor, War Invalids and Social Affairs and the Directorate of Vocational Education and Training.

5. In case the accreditation organization has its operation suspended in the case specified in Point b Clause 1 of this Article, the accreditation organization sends a commitment to maintain fulfillment of one of the conditions specified in Articles 4 and 5 to the Directorate of Vocational Education and Training during the suspension period. After the suspension duration, the accreditation organization may return to its business. In case of no commitment, the accreditation organization must not return to its business.

Article 10. Revocation of the certificate of eligibility for accreditation

1. An accreditation organization shall have its certificate of eligibility for accreditation revoked in the following cases:

a) It applies for suspension of vocational education and training accreditation;

b) It falsifies the certificate of eligibility for accreditation;

c) It commits a fraud or forges documents in pursuit of having the certificate of eligibility for accreditation issued or reissued;

d) The certificate of eligibility for accreditation is issued ultra vires;

dd) It incurs administrative penalties for violations against regulations on vocational education and training accreditation 3 times within 12 months;

e) It has its operation suspended twice within 12 months or the suspension duration is expired while the causes for suspension fail to be rectified;

g) It conducts vocational education and training accreditation within the suspension duration;

h) The service provider is dissolved or the enterprise involved in accreditation has its enterprise registration certificate revoked.

2. Applications for revocation of the certificate of eligibility for accreditation

a) In case the accreditation organization applies for suspension of its operation, the application includes:

- An application form (Form No. 05 in the Appendix hereof);

- A copy of the issued certificate of eligibility for accreditation;

- A plan for protection of legitimate rights and interests of organizations and individuals related to vocational education and training accreditation prepared by the accreditation organization.

b) In case of involuntary revocation of the certificate of eligibility for accreditation, the application includes:

- A written request for revocation of the certificate of eligibility for accreditation submitted by the General Director of Vocational Education to the Minister of Labor, War Invalids, specifying reasons for revocation;

- Evidences for involuntary revocation of the certificate of eligibility for accreditation.

3. Procedures for revocation of the certificate of eligibility for accreditation

a) In case the accreditation organization applies for suspension of its operation:

- The accreditation organization shall submit 01 set of application for suspension of its operation, directly or by post, to the Directorate of Vocational Education and Training;

- Within 20 working days from the date on which the satisfactory application is received, the Directorate of Vocational Education and Training shall consider and submit it to the Ministry of Labor, War Invalids and Social Affairs for decision on revocation of the certificate of eligibility for accreditation. In case the application is unsatisfactory, within 05 working days from the date on which the application is received, the Directorate of Vocational Education and Training shall provide written explanation for the applicant.

- Within 10 working days from the date on which the application of the Directorate of Vocational Education and Training is received, the Directorate of Vocational Education and Training shall decide to revoke the certificate of eligibility for accreditation.

b) In case of involuntary revocation of the certificate of eligibility for accreditation:

- The Directorate of Vocational Education and Training shall prepare an application for revocation of the certificate of eligibility for accreditation and submit it to the Minister of Labor, War Invalids and Social Affairs;

- Within 10 working days from the date on which the application of the Directorate of Vocational Education and Training is received, the Directorate of Vocational Education and Training shall decide to revoke the certificate of eligibility for accreditation.

4. Within 05 working days from the date of issuance of the decision on revocation of the certificate of eligibility for accreditation, the Directorate of Vocational Education and Training shall send the copy of such decision to the Department of Labor, War Invalids and Social Affairs of the area where the accreditation organization’s headquarters is located. The decision on revocation of the certificate of eligibility for accreditation shall be published on the website of the Ministry of Labor, War Invalids and Social Affairs and the Directorate of Vocational Education and Training. Within 05 working days from receipt of the decision on revocation of the certificate of eligibility for accreditation, the accreditation organization shall return the certificate of eligibility for accreditation to the Directorate of Vocational Education and Training.

5. When revoked the certificate of eligibility for accreditation, the vocational education and training accreditation contracts between the accreditation organization and vocational education and training institutions/vocational education and training service providers that are being executed shall be terminated. The accreditation organization shall protect legitimate rights and interests of organizations and individuals related to vocational education and training accreditation conducted by the accreditation organization.

Section 3. FUNCTIONS, TASKS, RESPONSIBILITIES AND ENTITLEMENTS OF ACCREDITATION ORGANIZATIONS

Article 11. Functions, tasks and responsibilities of accreditation organizations

1. An accreditation organization has the following functions:

a) Assess and recognize vocational education and training institutions and training programs that meet vocational education and training accreditation standards;

b) Issue and revoke the certificate of institutional accreditation.

2. An accreditation organization has the following tasks and responsibilities:

a) Publish the certificate of eligibility for accreditation, location of headquarters, list of accreditors and list of members of the vocational education and training accreditation council shall be published on its website;

b) Comply with regulations on criteria, standards and procedures for and cycle of vocational education and training accreditation promulgated by the Ministry of Labor, War Invalids and Social Affairs; issue and revoke the certificate of institutional accreditation provided in Chapter IV of this Decree;

c) Handle accreditiors’ propositions in case it is incapable of carrying out peer assessments of vocational education and training institutions and training programs;

d) Establish a vocational education and training accreditation council in accordance with regulations of the Ministry of Labor, War Invalids and Social Affairs;

dd) Provide profiles of accreditors and documents about vocational education and training accreditation at the request of the competent authority in accordance with laws;

e) Manage accreditors and staff of the accreditation organization;

g) From 01 to 10 December, submit a report on vocational education and training accreditation to the Directorate of Vocational Education and Training and the Department of Labor, War Invalids and Social Affairs of the area where the accreditation organization’s headquarters is located. (Form No. 06 in the Appendix hereof). Both electronic and physical copies shall be submitted;

h) Submit ad hoc reports at the request of the Ministry of Labor, War Invalids and Social Affairs, the Directorate of Vocational Education and Training and the Department of Labor, War Invalids and Social Affairs of the area where the accreditation organization's headquarters is located;

i) Perform other tasks prescribed by law.

Article 12. Entitlements of accreditation organizations

An accreditation organization is entitled to:

1. Perform the functions specified in Clause 1 Article 11 of this Decree.

2. Hire domestic and foreign accreditors and experts to execute vocational education and training accreditation contracts, apart from the full-time accreditors specified in Clause 4 Article 4 of this Decree.

3. Participate in domestic and foreign professional associations for vocational education and training accreditation.

4. Sign contracts for provision of vocational education and training accreditation services.

5. Exercise other entitlements prescribed by law.

Chapter III

STANDARDS APPLIED TO, TASKS AND ENTITLEMENTS OF ACCREDITORS; ISSUANCE, REISSUANCE AND REVOCATION OF ACCREDITOR CARD

Article 13. Standards applied to accreditors

An accreditor must:

1. have good moral qualities and health which is fit for working.

2. have at least a bachelor’s degree.

3. have at least 05 years’ experience in education/vocational education management, teaching and research or engage in business lines related to his/her qualifications.

4. complete an accreditor training course organized by the Directorate of Vocational Education and Training or by the unit assigned by the Directorate of Vocational Education and Training.

5. have a foreign language proficiency at least level 2 according to Vietnam's language proficiency framework promulgated by the Ministry of Education and Training or the equivalent or higher.

6. satisfy basic IT skill standards for users in accordance with regulations of the Ministry of Information and Communications on basic IT skill standards for users or the equivalent or higher.

Article 14. Tasks of accreditors

An accreditor shall:

1. preserve his/her accreditor card; not allow another person to use one’s accreditor card or using another’s accreditor card; only use the accreditor card for vocational education and training accreditation.

2. comply with regulations of the Ministry of Labor, War Invalids and Social Affairs applied to members of the peer assessment team.

3. provide personal information for the Directorate of Vocational Education and Training upon request or in case of any change.

4. perform other tasks prescribed by law.

Article 15. Entitlements of accreditation organizations

1. The accreditor is entitled to sign contracts with the accreditation organization.

2. During the accreditor's participation in the peer assessment team, he/she is entitled to:

a) be independent of his qualifications;

b) request vocational education and training institutions or vocational education and training service providers undergoing peer assessment to provide relevant information and documents in an adequate and timely manner;

c) record his/her personal opinion;

c) inform the accreditation organization and the Directorate of Vocational Education and Training if considering that it is incapable of carrying out a peer assessment of vocational education and training institutions and training programs.

Article 16. Power to issue, reissue and revoke accreditor cards

The General Director of Vocational Education shall issue, reissue and revoke accreditor cards.

Article 17. Validity period of accreditor cards

1. The accreditor card that is first issued or reissued due to its expiry shall be valid for 5 years from the date of issuance.

2. In case the accreditor card is reissued due to damage or loss, its validity period is the remaining one of the issued card.

Article 18. Issuance of accreditor cards

1. The person who satisfies all standards specified in Article 13 of this Decree and meets requirements specified in the regulation on assessment for issuance of accreditor cards of the Ministry of Labor, War Invalids and Social Affairs shall be issued with the accreditor card (Form No. 07 in the Appendix hereof).

2. The applicant for issuance of the accreditor card shall submit 01 set of application, directly or by post, to the Directorate of Vocational Education and Training. The application includes:

a) An application form (Form No. 08 in the Appendix hereof);

b) 04 2 cm x 3 cm color photos taken in white background within the last 06 months from the date of submission, with eyes looking directly at the camera, bare head, without bearing color glasses, wearing casual costume;

c) Copies of degrees and certificates specified in Clauses 2, 4, 5 and 6 Article 13 of this Decree;

d) A certificate of health issued by a health center from district level or the equivalent or higher level within the last 06 months from the date of submission.

3. In case the applicant fails to satisfy all standards specified in Article 13 of this Decree, within 05 working days, the Directorate of Vocational Education and Training shall provide written explanation.

4. In case the applicant submits a satisfactory application and satisfies all standards specified in Article 13 of this Decree, the Directorate of Vocational Education and Training shall assess and issue the accreditor card according to the regulation on assessment for issuance of accreditor cards promulgated by the Ministry of Labor, War Invalids and Social Affairs. Within 15 working days from the date on which the decision on approval for the list of qualified applicants is issued, the Directorate of Vocational Education and Training shall issue the accreditor card to the qualified applicant and publish this information on its website.

Article 19. Reissuance of accreditor cards

1. The accreditor card shall be reissued in the following cases:

a) It is expired;

b) It is damaged or lost.

2. The expired accreditor card shall not be reissued in the following cases:

a) After 03 months from the date of expiry, the accreditor fails to apply for reissuance;

b) During the validity period of the accreditor card, the accreditor does not engage in vocational education and training accreditation.

3. The applicant for reissuance of the accreditor card shall submit 01 set of application, directly or by post, to the Directorate of Vocational Education and Training. The application includes:

a) An application form (Form No. 09 in the Appendix hereof);

b) 04 2 cm x 3 cm color photos taken in white background within the last 6 months from the date of submission, with eyes looking directly at the camera, bare head, without bearing color glasses, wearing casual costume;

c) A declaration of activities related to vocational education and training accreditation during the validity period of the accreditor card, and copies of contracts with the accreditation organization for peer assessments (if any);

d) The issued accreditor card is damaged or expired.

4. Within 15 working days from the date on which the satisfactory application is received, the Directorate of Vocational Education and Training shall inspect, make a comparison and reissue the accreditor card; In case of rejection, within 05 working days from the date on which the application is received, the Directorate of Vocational Education and Training shall provide written explanation for the applicant.

Article 20. Revocation of accreditor cards

1. The accreditor card shall be revoked in the following cases:

a) False information is provided to be issued with the accreditor card;

b) The accreditor card has been suspended twice during the validity period of the card according to Article 7 Article 25 of the Government's Decree No. 79/2015/ND-CP dated September 14, 2015.

2. Within 15 working days from the date on which one of the cases specified in Clause 1 of this Article is clearly determined, the Directorate of Vocational Education and Training shall issue a decision on revocation of the accreditor card, inform accreditation organizations and publish this information on its website.

3. After the decision on revocation of the accreditor card is revoked, the person whose accreditor card is revoked shall return the card to the Directorate of Vocational Education and Training.

Chapter IV

ISSUANCE AND REVOCATION OF THE CERTIFICATE OF INSTITUTIONAL ACCREDITATION

Article 21. Power to issue and revoke the certificate of institutional accreditation

The head of the accreditation organization that is a service provider; general director or deputy general director of the accreditation organization that is an enterprise shall issue and revoke the certificate of institutional accreditation.

Article 22. Validity period of the certificate of institutional accreditation

The certificate of institutional accreditation is valid for 5 years from the date of issuance.

Article 23. Issuance of the certificate of institutional accreditation

1. Vocational education and training institutions and training programs that meet vocational education and training accreditation standards are recognized

a) Within 35 working days from the receipt of the peer assessment team's documents about peer assessment carried out at the vocational education and training institution/vocational education and training service provider, the vocational education and training accreditation council of the accreditation organization shall appraise results given by the peer assessment team in accordance with regulations of the Ministry of Labor, War Invalids and Social Affairs;

b) Within 05 working days from the appraisal results of the vocational education and training accreditation council are obtained, the person who is directly in charge of vocational education and training accreditation specified in Article 6 of this Decree shall consider issuing a decision on recognition of peer assessment results.

The decision shall specify that the vocational education and training institution or the vocational education and training program meets or fails to meet vocational education and training accreditation standards in accordance with regulations of the Ministry of Labor, War Invalids and Social Affairs, and total assessment mark.

2. The accreditation organization shall issue the certificate of institutional accreditation

a) Within 03 working days from the date of signing the decision on recognition of the vocational education and training institution that meets vocational education and training accreditation standards, the accreditation organization shall issue the certificate of institutional accreditation to the vocational education and training institution recognized as the one meeting vocational education and training accreditation standards (Form No. 10 in the Appendix hereof);

a) Within 03 working days from the date of signing the decision on recognition of the training program that meets vocational education and training accreditation standards, the accreditation organization shall issue the certificate of institutional accreditation to the training program recognized as the one meeting vocational education and training accreditation standards (Form No. 11 in the Appendix hereof).

3. Within 10 working days from the date of signing the decision on recognition of the vocational education and training institution/training program that meets or fails to meet vocational education and training accreditation standards, the accreditation organization shall send the copy of such decision and copy of the certificate of institutional accreditation (if any) to the Directorate of Vocational Education and Training, the Department of Labor, War Invalids and Social Affairs of the area where the headquarters of the vocational education and training institution/vocational education and training service provider is located and the Department of Labor, War Invalids and Social Affairs of the area where the accreditation organization’s headquarters is located.

4. The certificate of institutional accreditation shall be published on the website of the Directorate of Vocational Education and Training, accreditation organization, and vocational education and training institution and vocational education and training service provider issued with the certificate.

Article 24. Revocation of the certificate of institutional accreditation

1. The certificate of institutional accreditation shall be revoked in the following cases:

a) The vocational education and training institution/vocational education and training service provider whose certificate of registration of vocational education is revoked shall have its certificate of conformity with vocational education and training institution accreditation standards and certificate of conformity with training program accreditation standards (regarding the training program included in the revoked certificate of registration of vocational education);

b) The vocational education and training institution that is dissolved as prescribed in Clause 1 Article 21 of the Law on Vocational Education shall have its certificates of conformity with accreditation standards revoked;

c) The vocational education and training institution that has failed to submit annual reports on self-assessment of vocational education and training institution quality for 02 consecutive years as prescribed by the Minister of Labor, War Invalids and Social Affairs shall have its certificate of conformity with vocational education and training institution accreditation standards revoked;

d) The vocational education and training institution/vocational education and training service provider that has failed to submit annual reports on self-assessment of training program quality for 02 consecutive years as prescribed by the Minister of Labor, War Invalids and Social Affairs shall have its certificate of conformity with standards in accreditation of such training program revoked;

dd) The certificate of institutional accreditation is issued against regulations of this Decree;

e) The accreditation and the vocational education and training institution/vocational education and training service provider discuss and agree to falsify peer assessment results to be issued with the certificate of institutional accreditation;

g) Documents are falsified in order to meet accreditation standards.

h) The vocational education and training institution/training program fails to meet accreditation standards during the validity period of the issued certificate of institutional accreditation.

2. Procedures for revocation of the certificate of institutional accreditation:

a) In case an organization/individual finds that a vocational education and training institution, vocational education and training service provider or accreditation organization violates one of the regulations specified in Clause 1 of this Article:

Within 20 working days from the date on which the written notice sent by the organization/individual is received, the Directorate of Vocational Education and Training shall inspect and assess the degree of violation. Within 10 working days from the date on which the inspection and assessment results are obtained, in case it is required to revoke the certificate of institutional accreditation, the Directorate of Vocational Education and Training shall request the accreditation organization to revoke the issued certificate of institutional accreditation.

Within 10 working days from the date on which the request of the Directorate of Vocational Education and Training is received, the person that has the power to issue the certificate of institutional accreditation shall issue a revocation decision and send the copy of such decision to the Directorate of Vocational Education and Training, the Department of Labor, War Invalids and Social Affairs of the area where the headquarters of the vocational education and training institution/vocational education and training service provider is located and the Department of Labor, War Invalids and Social Affairs of the area where the accreditation organization’s headquarters is located.

b) In case the accreditation organization finds that a vocational education and training institution/vocational education and training service provider that has undergone accreditation violates one of the regulations specified in Clause 1 of this Article:

The accreditation organization shall inspect and assess the degree of violation. Within 10 working days from the date on which inspection and assessment results are obtained, in case it is required to revoke the issued certificate of institutional accreditation, the person that has the power to issue the certificate of institutional accreditation shall issue a revocation decision and send the copy of such decision to the Directorate of Vocational Education and Training, the Department of Labor, War Invalids and Social Affairs of the area where the headquarters of the vocational education and training institution/vocational education and training service provider is located and the Department of Labor, War Invalids and Social Affairs of the area where the accreditation organization’s headquarters is located.

c) Within 05 working days from receipt of the revocation decision, the vocational education and training institution/vocational education and training service provider shall return the certificate of institutional accreditation to the accreditation organization.

3. The decision on revocation of the certificate of institutional accreditation shall be published on the website of the accreditation organization, the Directorate of Vocational Education and Training, and vocational education and training institution and vocational education and training service provider whose certificate is revoked.

Chapter V

IMPLEMENTATION CLAUSE

Article 25. Transition clauses

1. The certificate of conformity with vocational training accreditation standards that is issued to vocational education and training institutions by the Ministry of Labor, War Invalids and Social Affairs, certificate of education accreditation that issued to colleges and professional secondary schools by accreditation organizations according to regulations of the Ministry of Education and Training before the effective date of this Decree shall have the same validity as the certificate of institutional accreditation until the expiry date specified in the certificate.

2. Until the end of December 31, 2018, the person who is issued with the certificate of completion of the vocational training accreditor training course before the effective date of this Decree and is a member of the vocational training accreditation team established by the General Department of Vocational Training:

a) is considered completing the vocational education and training accreditor training course;

b) is entitled to join the vocational education and training accreditation team;

c) is considered an accreditor if the service provider or enterprise applies for issuance or reissuance of the certificate of eligibility for accreditation.

3. The person who is issued with the higher education accreditor card and professional secondary school accreditor card before the effective date of this Decree and the card is unexpired:

a) is entitled to engage in vocational education and training accreditation activities that require a vocational education and training accreditor card until the expiry of the issued card;

a) is entitled to be issued with an accreditor card engage if he/she has completed the vocational education and training accreditor training course without undergoing assessment for issuance of accreditor cards in accordance with the regulation on assessment for issuance of accreditor cards of the Ministry of Labor, War Invalids and Social Affairs.

Article 26. Implementation

1. The Ministry of Labor, War Invalids and Social Affairs shall:

a) promulgate regulation on assessment for issuance of accreditor cards, approve annual plan for recruitment of accreditors and for issuance of accreditor cards;

b) prescribe criteria, standards and procedures for and cycle of vocational education and training accreditation and recognition of fulfillment of vocational education and training accreditation standards;

c) prescribe price bracket for state-funded vocational education and training accreditation;

d) inspect compliance with regulations on vocational education and training accreditation and take actions against violations in accordance with this Decree and relevant legal documents.

2. The Directorate of Vocational Education and Training shall:

a) design vocational education and training accreditation training programs and documents; organize provision of training or assign units to provide training for accreditors; promulgate assessment tests to serve issuance of accreditor cards;

b) inspect compliance with regulations on vocational education and training accreditation and take actions against violations in accordance with this Decree and relevant legal documents;

c) comply with other regulations within the jurisdiction of the Directorate of Vocational Education and Training over vocational education and training accreditation in accordance with this Decree and relevant legal documents.

3. People’s Committees of provinces shall direct Departments of Labor, War Invalids and Social Affairs and authorities affiliated to People's Committees of provinces to inspect compliance with regulations on vocational education and training accreditation and take actions against violations in accordance with this Decree and relevant legal documents.

4. Departments of Labor, War Invalids and Social Affairs shall:

a) manage and inspect compliance with regulations on vocational education and training accreditation by accreditation organizations within their area and take actions against violations in accordance with this Decree and relevant legal documents;

b) before December 20, submit annual electronic and physical reports on compliance with regulations on vocational education and training accreditation within their area to the Directorate of Vocational Education and Training.

Article 27. Effect

This Decree comes into force from May 15, 2018.

Article 28. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Presidents of People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals are responsible for implementation of this Decree./.